2023

Damages - Assessment of damages – Fatal Accidents Act – Law Reform (Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain and suffering.

Judicial Review – Section 2 of the Labour Relations and Industrial Disputes Act – What is an Industrial Dispute under the Labour Relations and Industrial Disputes Act – Whether the Minister acted Ultra Vires in referring the matter to the Industrial Disputes Tribunal

Jurisdiction - The supervisory jurisdiction of the court over its officers - Whether the jurisdiction is limited to undertakings given by attorneys-at-law - Whether it is compensatory or punitive – Whether the fixed date claim form discloses reasonable grounds for bringing the claim - Whether defendants waived their right to make the preliminary objection by filing an affidavit in answer - Whether a cause of action needed for declaratory relief - Whether undertaking given to the court merged into the final judgment

Civil Procedure – Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim – Rules 13.2, 13.3 and 13.4 of the CPR – Prompt application – Good explanation.

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether attorney being unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Civil Procedure – Application by Insurance company to set aside Order for substituted service – Was alternative service likely to have brought the contents to the Defendant’s notice – Considerations as to what constitutes reasonable steps to locate a Defendant – Overriding objectives – Prejudice

Civil Procedure - Application to set aside default judgment - Service by fax - Whether Defendant has a real prospect of successfully defending the claim - Good explanation- Risk of Prejudice- Rules 12.4, 13.2 and 13.3 of the CPR.

Assessment of Damages –– Motor Vehicle Accident –– Personal Injury –– General Damages –– Pain and Suffering –– Handicap on Labour Market –– Special Damages –– Spinal Cord Injury –– Video Evidence

Assessment of Damages –– Personal Injury –– Motor vehicle collision ––Negligence –– Tenderness to sacral area –– Abrasion to right gluteal –– Pain and suffering and loss of amenities –– Special Damages.

Civil Procedure and Practice – Application to set aside Default Judgment – Whether the Applicant has a realistic prospect of success – Conditions to be satisfied for setting aside a Default Judgment – CPR, 13.3 (1); 13.3 (2) – Delay – Prejudice